Introduction to Civil Procedure in the United States Wake Forest LLM Introduction to American Law Alan R. Palmiter – Sep. 2005

Course of Civil Litigation Pleading Discovery Pre-trial Trial Post-trial (appeals) Filters at each stage

Course of Civil Litigation Pleading Complaint (joinder / individual or class action) Answer (admit, deny, lack info / counterclaim, cross-claim) Liberal “notice pleading” and amendments Filters – Default judgment – Motion to dismiss (“so what”) – Rule11 sanctions

Course of Civil Litigation Discovery Depositions Interrogatories Document requests Examinations (physical and mental) Admissions Filters – Protections (privileges, work product, court order) – Discovery conference – Compel discovery / sanctions

Course of Civil Litigation Discovery Depositions Interrogatories Document requests Examinations (physical and mental) Admissions Filters – Protections (privileges, work product, court order) – Discovery conference – Compel discovery / sanctions Settlement

Course of Civil Litigation P re-trial – Settlement conference – Alternative dispute methods: mediation / arbitration – Pre-trial conference Filters – Summary judgment (“trial on papers”) – Voluntary dismissal (settlement)

Course of Civil Litigation Trial Jury / bench trial Live, continuous: witness / exhibits Rules of evidence Lawyer arguments Filters – Directed verdict (judgment as matter of law) – Jury instructions

Course of Civil Litigation Post-trial (appeals) Reopen case before appeal Enforcement of judgment Appeal (on record) Filters – Judgment notwithstanding verdict (NOV) – Order for new trial (mistakes, new evidence) – Appeal: affirm, reverse, remand

Judicial Action Final relief - Judgment Preliminary relief Costs Effect of judgment

Judicial Action Final relief – Judgment – Money damages (legal) – Injunction (equitable) – Declaratory judgment Preliminary relief Costs Effect of judgment

Judicial Action Final relief – Judgment Preliminary relief – Temporary restraining order – Preliminary injunction Costs Effect of judgment

Judicial Action Final relief – Judgment Preliminary relief Costs – Court costs (prevailing party) – Attorney fees (American rule) – Fee statutes Effect of judgment

Judicial Action Final relief – Judgment Preliminary relief Costs Effect of judgment – Res judicata (claim preclusion – apple) – Collateral estoppel (issue preclusion – orange)